Wisconsin Debt Collection Laws: Live like you mean it

Today, April 15, 2013, The National List of Attorneys published the white paper on debt collection law in Wisconsin, written by Shane P. Gale with Rausch, Sturm, Israel, Enerson & Hornik, LLC (RSIEH). The firm, founded in 1977, is headquartered in Brookfield, Wisconsin. With offices in 13 other states, its practice is dedicated to creditors’ rights, with the predominant portion being related to retail and student loan collections. The firm’s legal network, CAPPS, was created in 2008. They have been a member of The National List of Attorneys for 25 years.

Shane P. Gale was employed with RSIEH as a clerk for after graduating from Marquette University Law School, and as an attorney since 2009. He also attended Marquette University’s College of Business, receiving degrees in Finance and Economics. One hundred percent of his practice of law is dedicated to debt collection. He is a member of the National Association of Retail Collection Attorneys (NARCA) and the Wisconsin Creditors Bar Association.

Shane has learned, “In a volume practice like collections, reputation in everything. This is only magnified as the collection industry has come under greater scrutiny in the public eye, and from regulatory agencies at the federal and state level. We should all be mindful of representations made not only in court, but that we can be taken at our word when dealing with opposing counsel and pro se debtors off the record, as well.” He enjoys most about his job that it offers “a great mix of litigation, opportunities to research and get involved with new projects and other business opportunities within the firm.”

Shane Gale

Shane told us, “If I had to recommend one thing to any attorney thinking about collecting in Wisconsin, it would be to familiarize yourself with the Wisconsin Consumer Act and the interpretive case law.”

Shane refers to many interesting examples of case law in his paper. For example, “In Wisconsin it is well settled that when a debtor makes a payment on a credit card, the payment not only tolls the statute of limitations, but also sets it running anew from the date on which the payment was made. It is equally settled that funds do not need to be transferred. All that is required is that the payment be accepted and negotiated by the creditor or real party in interest. Therefore, if the debtor makes a partial payment on the debt, the creditor does not lose the right to pursue the outstanding, unpaid balance…. Under this reasoning, even a bad (bounced or worthless) check will set the statute running anew.”

Shane and his wife Jamie live in Waukesha, WI. They have a baby boy due in August. Shane volunteers at the Boerner Botanical Gardens in Milwaukee and supports the Waukesha County Human Animal Welfare Society (HAWS). The firm supports a number of local and national charities, including Milwaukee Hunger Task Force, the Susan G. Komen Foundation and the American Diabetes Association. Outside of work, Shane enjoys river kayaking, canoeing, fishing, hunting and attending Marquette University basketball games.

The National List thanks Shane for submitting this paper and for telling us something about himself and his firm. You can access the paper at http://www.nationallist.com/white_papers/wisconsin.